Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Shutterstock/Sunflower Aoi

Government to examine if 'right to disconnect' from emails out of hours would work in Ireland

The law would give workers the right to avoid emails out of hours.

LAWS TO ALLOW for the right to disconnect, which gives workers the legal standing to avoid work emails outside working hours, will be considered by government, according to Business Minister Heather Humphreys. 

The initiative was introduced in France in 2017, mandating companies with more than 50 employees to develop a charter defining employees’ right to switch off and setting out the hours when staff are not supposed to send or answer emails.

The French law was prompted by the blurring of the boundary between work and private life by new technology and ways of working.

When asked by Fine Gael’s Bernard Durkan if consideration will be given to introducing guidelines regarding the right to disconnect in Ireland, the minister said it would be examined. 

Humphreys said an interdepartmental steering group has been formed to investigate flexible practices in the Irish workforce, such as remote working and the attitudes towards such arrangements. 

“As part of their work programme, I will ask the Interdepartmental Steering Group to examine the French approach referenced by the deputy. Given the increasing digitalisation of the workforce, I believe it is important from a work-life balance perspective that there are clearly defined guidelines regarding workers’ rights to switch off after office hours,” she said. 

Last year, a business executive at a subsidiary of meat producer Kepak was awarded €7,500 over being required to deal with out-of-hours work emails, including some after midnight, that led to work in excess of 48 hours a week.

At the Labour Court, Kepak Convenience Foods Unlimited Co was ordered to pay former business development executive Gráinne O’Hara €7,500 over repeated breaches of the Organisation of Working Time Act.

At the time, employment law expert and solicitor, Richard Grogan told TheJournal.ie that the ruling was  “very clear and precise” and would “serve as a massive wake-up call to employers who expect employees to be available 24 hours a day, seven days a week”.

He said: “The law is very clear. Employees are entitled to an uninterrupted 11-hour break between finishing work and starting work the following day.”

Working time in Ireland is heavily regulated under the Organisation of Working Time Act, 1997, with the onus on the employer to ensure employees are afforded sufficient time away from the office for rest.

Confirming that her department will assess whether the right to disconnect law is something that might work in Ireland, the minister said she and her department understands the importance of promoting a good work-life balance for employees. 

As part of the Future Jobs Ireland Strategy, the minister wants to increase access to the labour force by offering more flexible working conditions to workers. 

“Flexible working encompasses a wide range of practices including part-time, compressed hours, job sharing, home-working and remote working. Such solutions allow for tangible benefits for employees including improving their work life balance. It also provides solutions for those who would otherwise take unpaid parental leave but cannot afford to do so,” she said. 

The interdepartmental group has met with key stakeholders, identified employment data in relation to flexible working and also had one-on-one consultations with industry. 

The minister also said a remote working consultation forum was held in July, and the insights arising from it will be included in a final report to be completed at the end of the year.

The report will outline the relevant policy implications of remote working for Ireland, and make recommendations as to whether a right to disconnect law would be workable in Ireland. 

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

Close
25 Comments
This is YOUR comments community. Stay civil, stay constructive, stay on topic. Please familiarise yourself with our comments policy here before taking part.
Leave a Comment
    Install the app to use these features.
    Mute Chris
    Favourite Chris
    Report
    Aug 16th 2019, 6:19 AM

    Onus is not on the employer to do anything under Irish employment law. They get away with what ever they want until the employee brings them to court, in which case the employee is then considered a trouble maker by future employers and the rouge employer suffers no real consequences.

    248
    Install the app to use these features.
    Mute Barry Somers
    Favourite Barry Somers
    Report
    Aug 16th 2019, 6:55 AM

    @Chris: the employee is effectively black listed in the industry afterwards too.

    120
    Install the app to use these features.
    Mute ForeverFeel1ng
    Favourite ForeverFeel1ng
    Report
    Aug 16th 2019, 10:29 AM

    @Chris: Incorrect.

    3
    See 1 more reply ▾
    Install the app to use these features.
    Mute Neil Reilly
    Favourite Neil Reilly
    Report
    Aug 16th 2019, 1:17 PM

    @Barry Somers: I thought he said they were rouge not black

    2
    Install the app to use these features.
    Mute G.M Lockjoy
    Favourite G.M Lockjoy
    Report
    Aug 16th 2019, 7:35 AM

    Once work is over it’s over for the day. See you all tomorrow! Home is home. End of!

    126
    Install the app to use these features.
    Mute iohanx
    Favourite iohanx
    Report
    Aug 16th 2019, 7:01 AM

    Just switch off the device. Your in the driving seat then.

    71
    Install the app to use these features.
    Mute iohanx
    Favourite iohanx
    Report
    Aug 16th 2019, 7:05 AM

    @iohanx: you’re
    OoO

    15
    Install the app to use these features.
    Mute Dave O'Keeffe
    Favourite Dave O'Keeffe
    Report
    Aug 16th 2019, 7:53 AM

    @iohanx: switch of your phone outside of work hours?

    15
    See 1 more reply ▾
    Install the app to use these features.
    Mute Gavin Conran
    Favourite Gavin Conran
    Report
    Aug 16th 2019, 9:08 AM

    @Dave O’Keeffe: Why not – switch off your work phone for the night and turn it back on in the morning.

    21
    Install the app to use these features.
    Mute Conall
    Favourite Conall
    Report
    Aug 16th 2019, 7:35 AM

    I am routinely am sent (and send) work emails outside working hours. I feel no compunction to check if I’ve got any emails when I’m not at work. I can check – but my phone is set by default to send me no notifications. Nor do I expect a reply to mails I have sent until back at work. If asked if I saw an email sent on Saturday a good answer is “no, because it was Saturday”. If you have a work phone, leave it at work.

    65
    Install the app to use these features.
    Mute Squiddley Diddley
    Favourite Squiddley Diddley
    Report
    Aug 16th 2019, 8:14 AM

    @Conall: There are people I know of who are expected to be aware of and answer emails from regional managers in their own time in the evening and weekends. The proposed legislation is needed to give them the right to do as you suggest.

    81
    Install the app to use these features.
    Mute Redhead
    Favourite Redhead
    Report
    Aug 16th 2019, 8:57 AM

    @Squiddley Diddley: I’m one of them and you ignore at your peril I am sad to say. It’s known as ‘discretionary effort’ but far from discretionary! It’s easy for some to say turn off the phone, leave the device in work etc, but it’s not that simple in practice. I missed an email one weekend and was asked by my Regional Director if I was ‘under pressure managing the role’!

    44
    See 2 more replies ▾
    Install the app to use these features.
    Mute Peter Hughes
    Favourite Peter Hughes
    Report
    Aug 16th 2019, 9:52 AM

    @Redhead: Well you should be paid to be on call at an appropriate rate, then paid for the time you spend working the issue or answering the email.

    20
    Install the app to use these features.
    Mute Kevin
    Favourite Kevin
    Report
    Aug 16th 2019, 10:11 AM

    @Redhead: Indeed. Expectations vary from business to business. Occasional OOO calls / texts / mails for emergency issues for me are fine. Much more an exception than a rule. If it’s chronic and persistent and compromising ones personal time without agreed remuneration then it’s an issue for most. I know if one or two exceptions who relish working almost ALL the time. Horses for courses but it’s a tiny minority.

    11
    Install the app to use these features.
    Mute Tim Pot
    Favourite Tim Pot
    Report
    Aug 16th 2019, 7:07 AM

    Having the right to ‘bank’ some flexible hours would also be a plus.

    46
    Install the app to use these features.
    Mute CSR
    Favourite CSR
    Report
    Aug 16th 2019, 7:08 AM

    Some industries/jobs require after work email and calls. I am happy to do this in my job as I get adequately compensated and I see my job as a career, not a daily grind 9-5. Of course not every job should require this but laws enabling disgruntled employees to take action against employees is going to further damage Ireland as a competitive place to do business.

    34
    Install the app to use these features.
    Mute G.M Lockjoy
    Favourite G.M Lockjoy
    Report
    Aug 16th 2019, 7:34 AM

    @CSR: O shut it then If you get compensated adequately!!! Some don’t!

    97
    Install the app to use these features.
    Mute Martin Critten
    Favourite Martin Critten
    Report
    Aug 16th 2019, 7:40 AM

    @CSR: welcome to the land of burn out, you’ll find that approach will come back and bite you in the end. When you’re heading for the grave the last thing you’ll be thinking of is your career.

    99
    See 2 more replies ▾
    Install the app to use these features.
    Mute Mark Walsh
    Favourite Mark Walsh
    Report
    Aug 16th 2019, 8:04 AM

    @CSR: When your Children are grown up and youll ask yourself
    Was it worth it
    Its a Job Knob

    38
    Install the app to use these features.
    Mute Mark Walsh
    Favourite Mark Walsh
    Report
    Aug 16th 2019, 8:04 AM

    @CSR: When your Children are grown up and youll ask yourself
    Was it worth it
    Its a Job Knob

    6
    Install the app to use these features.
    Mute John Considine
    Favourite John Considine
    Report
    Aug 16th 2019, 1:04 PM

    Long overdue law, especially the part about sending emails. If you have a manic boss paid five times your wages and who works from home on Saturdays and Sundays your inbox will be full on Monday morning before you even get in. Same goes for customers and suppliers of the business – if they work out of hours and at weekends you will be expected to do eight days’ work in five, without compensation. Trouble is, Outlook makes it easy to delay sending, so at 0805 on Monday morning, all the weekend’s emails will arrive together, thus easily circumventing the law.

    11
    Install the app to use these features.
    Mute Denis McClean
    Favourite Denis McClean
    Report
    Aug 16th 2019, 12:24 PM

    Staying late and working during R&R is a weapon that most if not all businesses regularly use during appraisals to keep employees in line. It won’t be changing anytime soon.

    8
    Install the app to use these features.
    Mute Stephen West
    Favourite Stephen West
    Report
    Aug 16th 2019, 3:01 PM

    Just because the phone rings doesn’t mean you have to answer it.

    7
    Install the app to use these features.
    Mute Jim O Brien - TechBuzz Ireland
    Favourite Jim O Brien - TechBuzz Ireland
    Report
    Aug 16th 2019, 1:35 PM

    Never heard of the off switch.

    4
    Install the app to use these features.
    Mute Angry_Man41
    Favourite Angry_Man41
    Report
    Aug 16th 2019, 10:00 PM

    Answer to any of these sad workaholics who expect you to be on 24/7,
    “Slavery was abolished a long time ago, Did nobody tell you” ?

    2
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.

Leave a commentcancel

 
JournalTv
News in 60 seconds